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[christina]

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[British]

Hi,

I think visa-nationals will have to go out of UK, to their home country, to switch visa category, but i am not too sure about this considering the Immigration laws change too frequently in this country these days.

Havig said that, I hate this technicality of flying out all the way to home country just to swtich visa category.

The government these days talk a lot about going green and when it comes to some stupid visa technicality, they want people to fly all the way to their home country (1000s of miles of carbom emmission) just to switch visa category and re-enter UK with that new visa.

Totally absurd!!!!!!! This shows what our politicians are worth!!!

[Docterror]

The further leave to remain as an unmarried partner is one the visas that you donot have to leave the country to switch to from another visa. You can point out to page 6 of these instructions to the person who asked you for the advice as the requirements to meet to be eligible. Whether the 3.5 months spend outside the UK in the past year would pose as a problem or not will depend on the discretion of the case worker who handles the case.

As far as I know, even if the application of the person about whom you are concerned about is rejected, the status reverts back to the one that she had before the application was made provided the leave to remain on her WP visa is still existing.

[christina]

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[zalimet]

British I conquer your comment about all the going green blah blah blah!!

[immigration1]

Hi again,

Someone asked me for some advice today and I really didn't know so if anyone here can help, I can pass on the info.

She is a nurse on a work permit. She has two more years to go before she can apply for ILR. She is also living with her British partner - has been for about 3 years. She is thinking of switching her immigration category in country to the 'unmarried partner' route. She and her partner went travelling outside the UK for 3.5 months last year. Is she allowed to switch her status in country? Will the 3.5 months away affect her application? In the event, she is denied the partner route, would her current work permit still be valid? Thanks.

Well, I think she would be in a similar position that she is right now. If she switches her status to that of unmarried partners and provided the application is successful then she would get a 2 year visa 'probationary' period and would then have to wait for 2 years before making the application for settlement. I think in these circumstances the switch would be superfluous...